§ 25.50. Variances.

A.

The zoning board of appeals may authorize, upon an appeal, a variance form the strict application of any provision of this Ordinance, where, by reason of exceptional irregularity, narrowness, shallowness, shape, or area of a specific piece of property at the effective date of this Ordinance, or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of this Ordinance would result in peculiar or exceptional practical difficulties to or unnecessary undue hardship upon the owner of such property.

B.

In hearing and deciding appeals for variances, the board shall adhere to the following criteria in determining whether or not practical difficulties and/or unnecessary hardships exist:

1.

That if the property owner complies with this Ordinance, he or she can secure no reasonable return from or make no reasonable use of his or her property;

2.

That the hardship results from the application of this Ordinance to his or her property, rather than from some other factor;

3.

That the hardship of which he or she complains is suffered merely by his or her property directly and not by others;

4.

That the hardship is not the result of his or her own actions; and

5.

That the hardship is peculiar to the property of the applicant.

The board shall grant no variance, if it finds an applicant does not meet all of the above listed criteria for determining whether or not a practical difficulty and/or unnecessary hardship exists.